HB3583 - Relating to reading instruction, assessment instruments, and interventions provided to public school students.

  89R11456 AMF-F     By: Dutton H.B. No. 3583       A BILL TO BE ENTITLED   AN ACT   relating to reading instruction, assessment instruments, and   interventions provided to public school students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 28.006, Education Code, is amended by   amending Subsections (a), (b), (c-1), (c-3), (d), and (j) and   adding Subsections (a-1), (b-2), (g-3), (g-4), (g-5), and (g-6) to   read as follows:          (a)  The commissioner shall adopt procedures [ develop   recommendations ] for school districts and open-enrollment charter   schools for:                (1)  administering reading instruments to :                       (A)     ensure the validity and reliability of the   results of the reading instruments;                       (B)   diagnose student reading development and   comprehension; and                       (C)     identify students at risk for dyslexia or   other reading difficulties;                (2)  training educators in administering the reading   instruments; and                (3)  applying the results of the reading instruments to   the instructional program and intervention practices .           (a-1)     A school district or open-enrollment charter school   may not administer a reading instrument to a student more than three   times during a school year.          (b)  The commissioner shall adopt a list of reading   instruments that a school district or open-enrollment charter   school shall [ may ] use to diagnose student reading development and   comprehension for students in kindergarten through grade three .     The reading instrument must include the foundational literacy   components of phonemic and phonological awareness, phonics,   vocabulary, fluency, and comprehension.   For use in diagnosing the   reading development and comprehension of kindergarten students,   the commissioner shall adopt a multidimensional assessment tool   that includes a reading instrument and tests at least three   developmental skills, including foundational literacy components .     A multidimensional assessment tool administered as provided by this   subsection is considered to be a reading instrument for purposes of   this section.  [ A district-level committee established under   Subchapter F, Chapter 11, may adopt a list of reading instruments   for use in the district in a grade level other than kindergarten in   addition to the reading instruments on the commissioner's list. ]     Each reading instrument adopted by the commissioner [ or a   district-level committee ] must :                 (1)   be based on scientific research concerning reading   skills development and reading comprehension ;                 (2)   [ .     A list of reading instruments adopted under   this subsection must ] provide for diagnosing the reading   development and comprehension of students participating in a   program under Subchapter B, Chapter 29 ;                 (3)  provide progress monitoring capabilities;                 (4)     provide a diagnostic tool to assist teachers in   developing research-based targeted instruction;                 (5)  allow screening of students three times a year;                 (6)     assess only the foundational literacy components   not already mastered by a student; and                 (7)     determine if a student needs reading instruction   intervention .           (b-2)     In adopting a reading instrument under this section,   the commissioner shall prioritize selecting an instrument that:                 (1)     minimizes the impact of administration of the   instrument on instructional time;                   (2)  provides timely reporting of results; and                 (3)  is able to be integrated into reading instruction.          (c-1)  Each school district shall administer at the   beginning of the seventh grade a reading instrument adopted by the   commissioner to each student whose performance on the assessment   instrument in reading administered under Section 39.023(a) to the   student in grade six did not demonstrate reading proficiency, as   determined by the commissioner.  The district shall administer the   reading instrument in accordance with the commissioner's   recommendations for administering reading instruments that   diagnose student reading development and comprehension [ under   Subsection (a)(1) ].          (c-3)  The commissioner by rule shall determine the   performance on each applicable [ the ] reading instrument adopted   under Subsection (b) that indicates kindergarten readiness.          (d)  The superintendent of each school district or the person   who serves the function of superintendent in each open-enrollment   charter school shall:                (1)  report [ to the commissioner and the board of   trustees of the district ] the results of the reading instruments   to:                       (A)     the board of trustees of a school district;   or                       (B)     the governing body of an open-enrollment   charter school, as defined by Section 12.1012(3) ;                (2)  not later than the 30th [ 60th ] calendar day after   the date on which a reading instrument was administered report, in   writing, to a student's parent or guardian the student's results on   the instrument and any additional information required by the   agency ; and                (3)   report to the agency any information required by   the agency, including the results of the reading instrument and   [ using the school readiness certification system provided to the   school district in accordance with Section 29.161(e), report   electronically ] each student's raw score on the reading instrument   [ to the agency for use in the school readiness certification   system ].           (g-3)     A school district or open-enrollment charter school   shall provide reading intervention to each student in kindergarten   through grade three who is determined to need reading intervention   using an assessment administered in accordance with Subsection (b).     The school district shall continue to offer a student reading   intervention until the student achieves satisfactory performance   on a reading instrument.   A reading intervention program offered   under this subsection must:                 (1)     include targeted instruction to improve the   student's reading skills in the relevant areas identified through   the assessment instrument;                 (2)     monitor the progress of the student's reading   skills throughout the school year;                 (3)     be implemented during regular school hours and in   addition to core instruction;                 (4)     use high-quality instructional materials,   curricula, and curricular tools that are research based and   effective for early childhood literacy intervention; and                 (5)     be provided by a teacher who has attended a   literacy achievement academy provided under Section 21.4552.           (g-4)     In providing reading intervention under Subsection   (g-3),   a school district or open-enrollment charter school may not   remove a student, except under circumstances for which a student   enrolled in the same grade level who is not receiving reading   intervention would be removed, from:                 (1)     instruction in the foundation curriculum and   enrichment curriculum adopted under Section 28.002 for the grade   level in which the student is enrolled; or                 (2)     recess or other physical activity that is   available to other students enrolled in the same grade level.           (g-5)     In addition to the report required under Subsection   (d)(2), a school district or open-enrollment charter school shall   notify the parent or guardian of each student in kindergarten   through grade three who is determined to need reading intervention.     The notification must:                 (1)     be distributed not later than the 30th day after   the date the result of the reading instrument indicating that the   student needs intervention is available;                 (2)     describe the current reading services the district   or school provides to the student;                 (3)     describe the reading interventions that will be   provided to the student to ensure the student will meet or exceed   grade-level reading standards; and                 (4)     include   high-quality resources for the parent or   guardian of the student to use at home to help the student succeed   at reading.           (g-6)     From money appropriated for the purpose, the   commissioner may provide literacy coaching and technical   assistance to kindergarten through grade three classroom teachers,   or to individuals serving in that role, to implement this section.   The commissioner shall prioritize providing technical assistance   under this subsection in school districts with the highest rate of   students performing below satisfactory levels on reading   instruments administered under Subsection (b).          (j)  [ No more than 15 percent of the funds certified by the   commissioner under Subsection (i) may be spent on indirect costs. ]     The commissioner shall evaluate the programs that fail to meet the   standard of performance under Section 39.301(c)(5) and may   implement interventions or sanctions under Chapter 39A.  [ The   commissioner may audit the expenditures of funds appropriated for   purposes of this section.   The use of the funds appropriated for   purposes of this section shall be verified as part of the district   audit under Section 44.008. ]          SECTION 2.  Subchapter A, Chapter 28, Education Code, is   amended by adding Section 28.0063 to read as follows:           Sec.   28.0063.     PRIVATE READING INSTRUCTION FOR CERTAIN   STUDENTS. (a)   A school district or open-enrollment charter school   shall contract with and make available a private, third-party   tutoring service to address a student's reading deficiency.   The   district or school must make the service available to a parent or   guardian of a student who is determined to need reading   intervention using an assessment administered under Section 28.006   on each of the reading assessments administered for two consecutive   school years.   The cost to a district or school for contracting for   tutoring service under this subsection may not exceed $1,000 per   student.           (b)     A parent or guardian of a student described by   Subsection (a) may select a tutoring service not provided by the   school district or open-enroll [Text truncated for display. Full text available on Congress.gov.]